Hard Rock Limited and Hard Rock Cafe International (STP Inc) v HRCKY Limited [2018] JCA 152 (30 August 2018)

Hard Rock Limited and Hard Rock Cafe International (STP Inc) v HRCKY Limited [2018] JCA 152 (30 August 2018)

Leave to appeal is granted in respect of the summary dismissal of the defendant's counterclaim based on dol and dol par réticence, as there is a real prospect of success on appeal regarding these issues. The breach of good faith claim was properly dismissed summarily due to the absence of a pleaded or evidential causal link to losses.

Citation
[2018] JCA 152
Parties
Plaintiff: Hard Rock Limited; Plaintiff: Hard Rock Café International (STP) Inc; Defendant: HRCKY Limited
Jurisdiction
Jersey
Judgment Date
30 August 2018
Procedural Posture
Application for Leave to Appeal / Single Judge of the Court of Appeal Considering Renewed Application for Leave to Appeal After Refusal by Royal Court
Outcome
leave to appeal granted in part
Legal Topics
Summary Judgment, Leave to Appeal, Misrepresentation, Implied Duty of Good Faith, Franchise Agreements, Causal Link for Damages
Contract Law Civil Procedure Summary Judgment Leave to Appeal Misrepresentation Implied Duty of Good Faith Franchise Agreements Causal Link for Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Hard Rock Limited

Plaintiff

Hard Rock Café International (STP) Inc

Plaintiff

HRCKY Limited

Defendant

Procedural Posture

Application for Leave to Appeal / Single Judge of the Court of Appeal Considering Renewed Application for Leave to Appeal After Refusal by Royal Court

Legal Issues

  1. 1 Whether the defendant's counterclaim for misrepresentation, dol, dol par réticence, and breach of implied duty of good faith should have been summarily dismissed
  2. 2 Whether there is a real prospect of success on appeal regarding the summary dismissal of the counterclaim
  3. 3 Whether the Royal Court applied the correct legal test for summary judgment

Ratio Decidendi

Leave to appeal is granted in respect of the summary dismissal of the defendant's counterclaim based on dol and dol par réticence, as there is a real prospect of success on appeal regarding these issues. The breach of good faith claim was properly dismissed summarily due to the absence of a pleaded or evidential causal link to losses.

Court Disposition

leave to appeal granted in part

Orders

  • Leave to appeal granted in respect of the summary dismissal of the counterclaim based on dol and dol par réticence.
  • Leave to appeal refused in respect of the summary dismissal of the counterclaim based on breach of good faith.